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I have long thought that both sides have erred by behaving as if their own side will never be back in power. They tend to use scorched-earth tactics on court appointments even when they know it will encourage the other side to do the same thing when their positions are reversed. I think it’s time for a cease fire.

Both sides should accept that winning presidential elections entitles the president to pretty much appoint whom he wants. The Senate’s advice and consent power should be limited to exactly that—advising and then consenting.

Since one side has to start the ball rolling I suggest that Republicans take the first step on Sotomayor by agreeing to support her unanimously. She’s going to be confirmed anyway so it isn’t as though it will make any difference in the end even if every Republican opposes her. But by voting for her, Republicans can and should make the point that they expect a quid pro quo the next time they hold the White House and their president makes a Supreme Court appointment.

I don’t expect my advice to be followed. But I would like to see all federal court appointments depoliticized to the greatest extent possible. Perhaps serious thought should be given to changing life terms to long fixed terms that cannot be renewed. That would ensure judicial independence while making court appointments a bit less consequential, which might make confirmations fights less intense.

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